The Auditor-General has written to President Nana Addo Dankwa Akufo-Addo to reconsider his decision asking him to proceed on accumulated leave.
Daniel Yaw Domelevo believes that the president’s decision was taken due to the embarrassment his government was suffering because of his work, as evidenced in a correspondence from the Chairman of the Audit Service Board together with public pronouncements by ministers.
In his letter addressed to the Secretary to the President, Nana Asante Bediatuo, Mr Domelevo rejected the fact that he had accumulated annual leave of 123 working days, as captured in the Presidency’s statement.
“My knowledge of recent labour law and practice in the country is that no worker is deemed to have accumulated any leave on account of their having failed, omitted, neglected or even refused to enjoy their right to annual leave, which the law guarantees for their benefit, not the employer,” he wrote.
In the statement from the Presidency on Monday, June 29, directing Mr Domelevo to proceed on leave, Sections 20(1) and 31 of the Labour Act, 2003 (Act 651) were cited as basis for the decision.
“According to the Act, a worker is entitled to annual leave with full pay, in a calendar year of continuous service, which cannot be relinquished or foregone by the worker or employer.”
But Mr Domelevo disagrees, indicating in his letter dated July 3, 2020 that “by law, every person is entitled, save in very limited circumstances to waive what the law has ordained for their benefit, in this case, a worker’s leave”.
His conviction of the law, notwithstanding, the Auditor-General thinks the decision “with all due respect has serous implications for constitutional independence of the Office of the Auditor-General”.
He said he has observed that not only is his work “embarrassing” government, but also the decision was not taken in good faith because there are several other appointees of President Akufo-Addo who have not taken their annual leave since 2017.
“The direction therefore that I proceed on leave, oblivious of the other workers similarly circumstanced, gives the impression that the decision is not taken in good faith.”
He has therefore urged the President to “reconsider the directive in order to protect the sanctity of the labour law, the constitution and the independence of the Auditor-General which is of utmost importance in so far as ensuring that the constitutional principles of probity, transparency and accountability are concerned”.